Carten v. Canada

Carten v. Canada

The Statement of Claim was struck in its entirety because, taken as pleaded, it disclosed no reasonable cause of action: it consisted largely of bald allegations, speculation and conclusions without material facts to establish agency, conspiracy, intentional economic interference, unlawful imprisonment or that judges acted outside judicial capacity; the pleadings were frivolous, vexatious and an abuse of process and the Federal Court lacked jurisdiction over provincial and judicial defendants; judicial immunity barred claims against judges; leave to amend was denied and the action dismissed with costs.

Citation
2009 FC 1233
Parties
Plaintiff: John Frederick Carten; Plaintiff: Karen Audrey Gibbs; Federal Crown Defendant: Her Majesty The Queen in Right of Canada; Provincial Crown Defendants: Provincial Crown Defendants (British Columbia and individual provincial officers); Judicial Defendants: Canadian Judicial Council and named judges; Regulatory Defendant: Law Society of Alberta; Regulatory and Law Firm Defendants: Law Society of British Columbia; McCarthy Tetrault LLP; Herman Van Ommen; Defendant Law Firm: Lang Michener LLP; Defendant (service/collection Agency): Themis Program Management and Consulting Ltd.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
1 December 2009
Procedural Posture
Civil Action for Compensatory and Punitive Damages (motion to Strike) / Decision on Multiple Motions to Strike and Related Procedural Motions (final Disposition)
Outcome
Statement of Claim struck out without leave to amend; action dismissed with costs; Plaintiffs' motion for default judgment dismissed; Themis' extension of time motion dismissed.
Legal Topics
Motion to Strike, Abuse of Process, Judicial Immunity, Agency, Civil Conspiracy, Interference With Judiciary, Vexatious Pleading
Source Language
English
Civil Procedure Tort Law Administrative Law Constitutional Law Motion to Strike Abuse of Process Judicial Immunity Agency +3 more

Case Brief

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Parties

John Frederick Carten

Plaintiff

Karen Audrey Gibbs

Plaintiff

Her Majesty The Queen in Right of Canada

Federal Crown Defendant

Provincial Crown Defendants (British Columbia and individual provincial officers)

Provincial Crown Defendants

Canadian Judicial Council and named judges

Judicial Defendants

Law Society of Alberta

Regulatory Defendant

Law Society of British Columbia; McCarthy Tetrault LLP; Herman Van Ommen

Regulatory and Law Firm Defendants

Lang Michener LLP

Defendant Law Firm

Themis Program Management and Consulting Ltd.

Defendant (service/collection Agency)

Procedural Posture

Civil Action for Compensatory and Punitive Damages (motion to Strike) / Decision on Multiple Motions to Strike and Related Procedural Motions (final Disposition)

Legal Issues

  1. 1 Whether the Statement of Claim discloses a reasonable cause of action under Rule 221(a) FCR
  2. 2 Whether allegations amount to scandalous, frivolous or vexatious pleading under Rule 221(c) FCR
  3. 3 Whether the Federal Court has jurisdiction over provincial and judicial defendants via alleged agency

Ratio Decidendi

The Statement of Claim was struck in its entirety because, taken as pleaded, it disclosed no reasonable cause of action: it consisted largely of bald allegations, speculation and conclusions without material facts to establish agency, conspiracy, intentional economic interference, unlawful imprisonment or that judges acted outside judicial capacity; the pleadings were frivolous, vexatious and an abuse of process and the Federal Court lacked jurisdiction over provincial and judicial defendants; judicial immunity barred claims against judges; leave to amend was denied and the action dismissed with costs.

Court Disposition

Statement of Claim struck out without leave to amend; action dismissed with costs; Plaintiffs' motion for default judgment dismissed; Themis' extension of time motion dismissed.

Orders

  • The Statement of Claim is struck out, without leave to amend.
  • The action is dismissed, with costs payable by the Plaintiffs to the Defendants, other than Themis Program Management and Consulting Ltd.